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If the WSF considers that the TUE does not meet those criteria and so refuses to recognise it, the WSF must notify the Athlete and the Athlete’s National Anti -Doping Organisation promptly, with reasons.
The Athlete or the National Anti-Doping Organisation shall have twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7.
If the matter is referred to WADA for review, the TUE granted by the National Anti -Doping Organisation remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ) pending WADA’s decision.
If the matter is not referred to WADA for review within the twenty -one (21) day deadline, the Athlet e’s National Anti -Doping Organisation must determine whether the original TUE granted by that National Anti -Doping Organisation should nevertheless remain valid for national -level Competition and Out-of-Competition Testing (provided that the Athlete ceases to be an International –Level Athlete and doe s not participate in international -level Competition ).
Pending the National Anti -Doping Organisation’s decision, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not va lid for international -level Competition ).
[Comment to Article 4.4.3.1: Further to Articles 5.7 and 7.1 of the International Standard for Therapeutic Use Exemptions, the WSF must publish and keep updated a notice on its website that sets out clearly (1) which Athletes under its authority are required to apply to it for a TUE, (2) which TUE decisions of other Anti -Doping Organisations it will automatically recognise in lieu of such application and (3) which TUE decisions of other Anti -Doping Organisations will have to be submitted to it for recognition.
If an Athlete's TUE falls into a category of automatically recognised TUEs, then the Athlete does not need to apply to the WSF for recognition of that TUE.]
4.4.3.2 If the WSF chooses to test an Athlete who is not an International -Level Athlete , the WSF shall recognise a TUE granted to that Athlete by their National Anti -Doping Organisation unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and 7.0 of the International Standard for Therapeutic Use Exemptions .
4.4.4 TUE Application Process 4.4.4.1 If the Athlete does not already have a TUE granted by their National Anti-Doping Organisation for the substance or method in question, the Athlete must apply directly to the WSF.
4.4.4.2 An application to the WSF for grant or recognition of a TUE must be made as soon as possible, save where Articles 4.1 or 4.3 of the International Standard for Therapeutic Use Exemptions apply.
The application shall be made in accordance with Article 6 of the International Standard for Therap eutic Use Exemptions as posted on the WSF’s website.
16 | P a g e 4.4.4.3 The WSF shall establish a Therapeutic Use Exemption Committee (TUEC) to consider applications for the granting or recognition of TUEs in accordance with Article 4.4.4.3 (a) -(d) below: (a) The TUE C shall consist of a Chair and a minimum of two (2) other members with experience in the care and treatment of Athletes and sound knowledge of clinical, sports and exercise medicine.
(b) Before serving as a member of the TUEC, each member must s ign a confl ict of interest and confidentiality declaration.
The appointed members shall not be employees of the WSF.
(c) When an application to the WSF for the grant or recognition of a TUE is made, the Chair of the TUEC shall appoint three (3) members (w hich may in clude the Chair) to consider the application.
(d) Before considering a TUE application, each member shall disclose to the Chair any circumstances likely to affect their impartiality with respect to the Athlete making the application.
If a membe r appointed by the Chair to consider an application is unwilling or unable to assess the Athlete ’s TUE application, for any reason, the Chair may appoint a replacement.
The Chair cannot serve as a member of the TUEC if there are any circumstances which are likely to affect the impartiality of the TUE decision.
4.4.4.4 The TUEC shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and usually (i.e., unle ss exceptio nal circumstances apply) within no more than twenty -one (21) days of receipt of a complete application.
Where the application is made in a reasonable time prior to an Event , the TUEC must use its best endeavours to issue its decision before the start of th e Event .
4.4.4.5 The TUEC decision shall be the final decision of the WSF and may be appealed in accordance with Article 4.4.7. the WSF TUEC decision shall be notified in writing to the Athlete , and to WADA and other Anti-Doping Organisations in accordance with the International Standard for Therapeutic Use Exemptions .
It shall also promptly be reported into ADAMS .
4.4.4.6 If the WSF (or the National Anti -Doping Organisation , where it has agreed to consider the application on behalf of the WSF denies the Athlete’s application, it must notify the Athlete promptly, with reasons.
If the WSF grants the Athlete’s application, it must notify not only the Athlete but also their National Anti -Doping Organisation .
If the National Anti -Doping Organisation considers th at the TUE granted by the WSF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions , it has twenty -one (21) days from such notification to refer the matter to WADA for review in accordance with Article 4.4.7.
If the National Anti -Doping Organisation refers the matter to WADA for review, the TUE granted by the WSF remains valid for inter national -level Competition and Out-of-Competition Testing (but is not valid for national -level Competition ) pending WADA’s decision .
If the National Anti -Doping Organisation does not refer the matter to WADA for review, the TUE granted by the WSF becomes v alid for national -level Competitio n as well when the twenty -one (21) day review deadline expires.
4.4.5 Retroactive TUE Application s If the WSF chooses to collect a Sample from an Athlete who is not an International -Level Athlete or a National -Level Athlete and that Athlete is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, the WSF must permit that Athlete to apply for a retroactive TUE.
4.4.6 Expiration, Withdrawal or Reversal of a TUE 4.4.6.1 A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further no tice or other formality; (b) will be withdrawn if the Athlete does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE; (c) may be withdrawn by the TUEC if it is subsequently determined 17 | P a g e that the criteria for gr ant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.
4.4.6 .2 In such event, the Athlete shall not be subject to any Consequences based on their Use or Possession or Administration of the Prohibited Substance or Prohibi ted Method in question in accordance with the TUE prior to the effective date of expiry, withdr awal, or reversal of the TUE.
The review pursuant to Article 5.1.1.1 of the International Standard for Results Management of an Adverse Analytical Finding, repor ted shortly after the TUE expiry, withdrawal or reversal, shall include consideration of whethe r such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti -doping rule violation shall be asserted.
4.4.7 Reviews and Appeals of TUE Decisions 4.4.7.1 WADA must review a WSF decision not to recognise a TUE granted by the National Anti -Doping Organisation that is referred to WADA by the Athlete or the Athlete’s National Anti -Doping Organisation .
In addition, WADA must review a WSF decision to grant a TUE that is referred to it by the Athlete’s National Anti -Doping Organisation .
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative.
If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions , WADA will not interfere with it.
If the TUE decision does not meet those criteria, WADA will reverse it.
[Comment to Article 4.4.7.1: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Article 4.4.7; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.]
4.4.7.2 Any TUE decision by t he WSF (or by a National Anti -Doping Organisation where it has agreed to consider the application on behalf of the WSF) that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti -Doping Organisation exclusively to CAS.
[Comment to Article 4.4.7.2: In such cases, the decision being appealed is the WSF’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision.
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its decision.
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]
4.4.7.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti -Doping Organisation and/or the WSF exclusively to CAS.
4.4.7.4 A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of the review/a ppeal.
ARTICLE 5 TESTING & INVESTIGATIONS 5.1 Purpose of Testing and Investigations 5.1.1 Testing and investigations may be undertaken for any anti -doping purpose.
They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations and the specific protocols of the WSF supplementing that International Standard .
[Comment to Article 5.1: Where Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the WSF’s rules.
See e.g.
Comment to Article 23.2.2 of the Code.]
5.1.2 Testing shall be undertaken to obtain analytical evidence as to whether the Athlete has violated Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample ) or Article 2.2.
( Use or Attempted Use by an Athlete of a Prohibi ted Substance or a Prohibited Method ).
18 | P a g e 5.2 Authority to Test 5.2.1 Subject to the limitations for Event Testing set out in Article 5.3, The WSF shall have In-Competition and Out-of-Competition Testing authority over all Athletes specified in the Introduction to these Anti -Doping Rules (Section “Scope of these Anti -Doping Rules”).
5.2.2 The WSF may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility ) to provide a Sample at any time and at any place.
[Comment to Article 5.2.2: The WSF may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories.
Unless the Athlete has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, the WSF will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping.
A challe nge to whether the WSF had sufficient suspicion for Testing during this time period shall not be a defence to an anti -doping rule violation based on such test or attempted test.]
5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code.
5.2.4 If the WSF delegates or contracts any part of Testing to a National Anti -Doping Organisation directly or through a National Federation , that National Anti -Doping Organisation may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti -Doping Organisation’s expense.
If additional Samples are collected or additional types of analysis are pe rformed, the WSF shall be notified.
5.3 Event Testing 5.3.1 Excep t as otherwise provided below, only a single organisation shall have authority to conduct Testing at Event Venues during an Event Period .
At International Event s, the WSF (or the international organisation which is the ruling body for the Event) e.g.
the P an-American Sports Organisation for the Pan American Games shall have authority to conduct Testing .
At National Events , the National Anti -Doping Organisation of that country shall have authority to conduct Testing .
At the request of the WSF (or other inter national organisation which is the ruling body for an Event) , any Testing during the Event Period outside of the Event Venues shall be coordinated with the WSF (or the relevant ru ling body of the Event .
5.3.2 If an Anti-Doping Organisation , which would oth erwise have Testing authority but is not responsible for initiating and directing Testing at an Event, desires to conduct Testing of Athletes at the Event Venues during the Event Period , the Anti-Doping Organisation shall first confirm with the WSF (or oth er international organisation which is the ruling body of the Event ) to obtain permission to conduct and coordinate such Testing .
If the Anti-Doping Organisation is not satisfied with the response from the WSF (or other international organisation which is the ruling body of the Event) , the Anti-Doping Organisation may, in accordance with procedures described in the International Standard for Testing and Investigations, ask WADA for permission to conduct Testing and to determine how to coordinate such Testin g. WADA shall not grant approval for such Testing before consulting with and informing the WSF (or other international organisation which is the ruling body of the Event ).
WADA’s decision shall be final and not subject to appeal.
Unless otherwise provided in the authorisation to conduct Testing , such tests shall be considered Out-of-Competition tests.
Results Management for any such test shall be the responsibility of the Anti-Doping Organisation initiating the test unless provided otherwise in the rules of the ruling body of the Event .
[Comment to Article 5.3.2: Before giving approval to a National Anti -Doping Organisation to initiate and conduct Testing at an International Event, WADA shall consult with the international organisation which is the ruling bo dy for the Event.
Before giving approval to the WSF to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti -Doping Organisation of the country where the Event takes place.
The WSF or its National Federation “initiatin g and directing Testing” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collect ion or other aspects of the Doping Control process.]
5.4 Testing Requirements 5.4.1 The WSF shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations .
19 | P a g e 5.4.2 Where reasonably feasible, Testing shall be coordinated through ADAMS in order to maximise the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing .
5.5 Athlete Whereabouts Information 5.5.1 Athletes who have been includ ed in a Registered Testing Pool established by the WSF shall provide whereabouts information in the manner specified in the Internationa l Standard for Testing and Investigations and shall be subject to Consequences for violation of Article 2.4 as provided in Article 10.3.2.
The WSF shall co -ordinate with National Anti -Doping Organisations to identify such Athletes and the collection of the ir whereabouts information.
5.5.2 The WSF shall make available through ADAMS a list which identifies those Athletes included in its Registered Testing Pool by name.
The WSF shall regularly review and update as necessary its criteria for including Athletes in its Registered Testing Pool and shall periodically (but not less than qua rterly) review the list of Athletes in its Registered Testing Pool to ensure that each listed Athlete continues to meet the relevant criteria.
Athletes shall be notified before they are included in the Registered Testing Pool and when they are removed from that pool.
The notification shall contain the information set out in the International Standard for Testing and Investigations.
5.5.3 Where an Athlete is included in an internatio nal Registered Testing Pool by the WSF and in a national Registered Testing Pool by their National Anti -Doping Organisation , the National Anti-Doping Organisation and the WSF shall agree between themselves which of them shall accept that Athlete's whereabo uts filings; in no case shall an Athlete be required to m ake whereabouts filings to more than one of them.
5.5.4 In accordance with the International Standard for Testing and Investigations , each Athlete in the Registered Testing Pool shall do the followin g: (a) advise the WSF of his/her whereabouts on a quarter ly basis; (b) update that information as necessary so that it remains accurate and complete at all times; and (c) make himself or herself available for Testing at such whereabouts.
5.5.5 For purpose s of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test, as defined in Annex B of the International Standard for Results Managemen t, where the conditions set forth in Annex B are met.
5.5.6 An Athlete in the WSF’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Inves tigations unless and until (a) the Athlete gives written notice to the WSF that he or she has retired or (b) the WSF has informed him or her that he or she no longer satisfies the criteria for inclusion in the WSF's Registered Testing Pool .
5.5.7 Whereabo uts information provided by an Athlete while in the Registered Testing Pool will be accessible through ADAMS to WADA and to other Anti-Doping Organisations having authority to test that Athlete as provided in Article 5.2.
Whereabouts information shall be maintained in strict confidence at all times; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control , providing information relevant to the Athlete Biological Passport or other analytical results, to support an inve stigation into a potential anti -doping rule violation, or to support proceedings alleging an anti -doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the International Standard for the Protecti on of Privacy and Personal Information.
5.5.8 In accordance with the International Standard for Testing and Investigations , the WSF has established the Other Testing Pool, which includes Athletes who are subject to less stringent whereabouts requirements t han Athletes included in the WSF’s Registered Testing Pool .
5.5.9 The WSF shall notify Athletes before they are included in the Other Testing Pool and when they are removed.
Such notification shall include the whereabouts requirements and the consequences that apply in case of non -compliance, as indicated in Articles 5.5.10 and 5.5.11.
5.5.10 Athletes included in the Other Testing Pool shall provide the WSF with the following whereabouts information so that they may be located and subjected to Testing: (a) An overnight address; (b) Competition / Event schedule; and 20 | P a g e (c) Regular training activities.
Such whereabouts information shall be filed in ADAMS to enable better Testing coordination with other Anti-Doping Organisations .
5.5.11 An Athlete’s failure to provide w hereabouts information on or before the date required by the WSF or the Athlete’s failure to provide accurate whereabouts information shal l result in the WSF elevating the Athlete to the WSF’s Registered Testing Pool .
5.5.12 The WSF may, in accordance wit h the International Standard for Testing and Investigations , collect whereabouts information from Athletes who are not included within a Registered Testing Pool or Other Testing Pool .
If it chooses to do so, an Athlete’s failure to provide requested wherea bouts information on or before the date required by the WSF or the Athlete’s failure to provide accurate whereabouts information shall result in the WSF elevating the Athlete to the WSF’s Registered Testing Pool .
5.6 Retired Athletes Returning to Competit ion 5.6.1 If an International - or National -Level Athlete in a Registered Testing Pool retires and then wishes to return to active participation in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made hi mself or herself available for Testing , by giving six (6) months prior written notice to the WSF and the Athlete’s National Anti -Doping Organisation .
WADA , in consultation with the WSF and the relevant National Anti -Doping Organisation , may grant an exempt ion to the six (6) -month written notice rule where the strict application of that rule would be unfair to an Athlete .
This decision may be appealed under Article 13.
Any competitive results obtained in violation of Article 5.6.1 shall be Disqua lified unless the Athlete can establish that he or she could not have reasonably known that this was an International Event or a National Event .
5.6.2 If an Athlete retires from sport while subject to a period of Ineligibility , the Athlete must notify the Anti-Doping Organisation that imposed the period of Ineligibility in writing of such retirement.
If the Athlete then wishes to return to active competition in sport, the Athlete shall not compete in International Events or National Events until the Athlete has made hi mself or herself available for Testing by giving six (6) months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six (6) months) to the WSF and the Athlet e’s National Anti-Doping Organisation.
5.7 Independent Observer Program The WSF and the organising committees for the WSF’s Events , as well as the National Federations and other organising committees for National Events , shall authorise and facilitate an Independent Observer Program for such Events.